The Township of Springfield may from time to time revise, modify
and amend this chapter by appropriate action in accordance with the
Pennsylvania Municipalities Planning Code, Act 247, as amended.
The filing fee for subdivision plans shall be established by
the Township of Springfield Supervisors by resolution. Such filing
fees may include those for subdivision and land development and may
be separate for various alternative forms of land development. Review
fees may also include the field inspection of such plats, plans or
site plans or their final inspection, and the fees for any professional
consultants retained by the Township. Such professional consultant
fees may be maintained as an escrow by the Township and unused funds
returned to the applicant. The fees charged shall be in accordance
with Sections 503(1), 509 and 510 of the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10503(1), 10509,
and 10510, respectively.
The Township of Springfield shall maintain an accurate public
record of all plans upon which it takes action and of its findings,
decision and recommendations in relation thereto.
A.
In addition to other remedies, the Township of Springfield may institute
and maintain appropriate actions by law or in equity to restrain,
correct or abate violations, to prevent unlawful construction, to
recover damages and to prevent illegal occupancy of a building, structure
or premises. The description by metes and bounds in the instrument
of transfer or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
B.
The Township of Springfield may refuse to issue any permit or grant
any approval necessary to further improve or develop or utilize any
real property which has been developed or which has resulted from
a subdivision of real property in violation of this chapter. This
authority to deny such a permit or approval shall apply to any of
the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the time of such violation,
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
(3)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation, without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
C.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Township of Springfield
may require compliance with the conditions that would have been applicable
to the property at the time the applicant acquired an interest in
such real property.
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter enacted under the Pennsylvania Municipalities
Planning Code or prior enabling laws shall, upon being found liable
therefore in a civil enforcement proceeding commenced by the Township
of Springfield, pay a judgment of not more than $500 per violation,
plus all court costs, including reasonable attorney fees incurred
by the Township of Springfield as a result thereof. No judgment shall
commence or be imposed, levied or payable until the date of the determination
of a violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township of Springfield
may enforce the judgment pursuant to the applicable Rules of Civil
Procedure. Each day that a violation continues shall constitute a
separate violation, unless the Magisterial District Judge determining
that there has been a violation further determines that there was
a good-faith basis for the person, partnership or corporation violating
this chapter to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge, and, thereafter, each day that
a violation continues shall constitute a separate violation.
B.
The Court of Commons Pleas, upon petition, may grant an order of
stay, upon cause shown, tolling the per diem judgment pending a final
adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township of Springfield
the right to commence any action for enforcement pursuant to this
section.
D.
For the purposes of this section, the Township may designate the
Zoning Officer of the Township to initiate proceedings.
A.
The Township may grant a modification of the requirements of one
or more provisions of this chapter if the literal enforcement will
exact undue hardship because of peculiar conditions pertaining to
the land in question, provided that such modification will not be
contrary to the public interest and that the purpose and intent of
this chapter is observed.
B.
All requests for a modification shall be in writing and shall accompany
and be a part of the application for development. The request shall
state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of this
chapter involved and the minimum modification necessary.
C.
The Township shall keep a written record of all actions on all requests
for modification. If granting a modification, the Township shall record
its actions and the grounds for granting the modification in its minutes.
A statement showing the date that such modification was granted shall
be affixed to the final plan.
D.
The Township may approve or deny the request for modification. If
the Township approves the request for modification, it shall authorize
the minimum modification from this chapter that will afford relief.
Whenever there is a difference between the minimum standards
or dimensions specified herein and those contained in other regulations,
resolutions or ordinances of Springfield Township, the highest or
most restrictive standards shall govern.
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accord with the
approved final plan, the Township shall enforce any corporate bond
or other security by appropriate legal and equitable remedies. If
the proceeds of such bond or other security are insufficient to pay
the cost of installing or making repairs or corrections to all the
improvements covered by said security, the Township may, at its option,
install part of such improvements in all or part of the subdivision
or land development and may institute appropriate legal and equitable
action to recover the monies necessary to complete the remainder of
the improvements. All of the proceeds, whether resulting from the
security or from any legal or equitable action brought against the
developer, or both, shall be used solely for the installation of the
improvements covered by such security and not for any other municipal
purpose.
The decision of the Township with respect to the approval or
disapproval of plans may be appealed directly to the Court of Common
Pleas of Mercer County not later than 30 days after issuance of notice
of the decision of the Township.
In the interpretation and the application of the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and general welfare.
Standards applying to commercial and industrial subdivisions shall
be subject to individual review and determination in each case.
The Township shall provide printed copies of this chapter at
a price equal to reproduction costs and any necessary shipping costs
as applicable.
Should any sentence, section, clause, part or provisions of
this chapter be declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of this chapter as
a whole, or any part thereof, other than the part declared to be invalid.
